The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-29
TAKING TESTIMONY.
The Prosecution in the Either
Murder Case Rests.
THE SAME BAD STORY RECITED
The Proceedings in the Case on Trial
In Detail Up to Friday
Afternoon.

After the departure of the mail on
Thursday afternoon, the Either case
was continued in the First District
Court
JOHN LEECH continued-After Either
went out after the shooting, he came
in and threw himself over the dead body
of Flaherty; he was crying.
Cross-examined-Firs met Flaherty
in Nevada; so I greeted him when 1
met him again, in the saloon In tine af-
ternoon of the 18th;
TEHAD A DRINK TOGETHER;
Bert and 1 left the saloon together to
go to the cabin; Donahue and FIahertY
remained in the saloon; don't
know when they came to the
cabin, as was asleep. 1t was
near s clock when Bert and went to
the cabin; Gil. Johnson lett the cabin
about 0 clock; Bert, Donahue, Flah-
erty and 1 were in the cabin all the
time after Johnson left. l did not say
before the Commissioner that Bert was
in the same room with us; Donahue,
Flaherty and were in my room to-
gether from lifetime Johnson left until
the shooting occurred; were conversing
together about two hours, until we sent
Bert for the whisky; don't remember
what we were talking about, only about
going to work, and asked about some
parties up in Montana; while Bert was
gone after the whisky we talked about
several things. The statement Is about
the same as before the Commissioner.
1 said was so drunk did not remem-
Der much about it; would not swear
whether we were talking about Bert
Either or not; do not think now that
we mentioned his name while he was
out after the liquor; said that when Bert
came back we would have a drink;
my memory may be better now than
when l was before the commissioner; !
was sick then and had been drinking
some; denied that they put up job on
Bert Either while he was after the
liquor.
Odd you hear Leech or Donahue
say, Let's kill the s. of b. tonight,
he's no account anyway" and you said
mo, there shall be
NO SUCH RACKET HERE TONIGHT,
We known the boys father a long
timer" A.-No, 1 did not hear any
thing of the kind.
Q.-Were such remarks made in the
saloon that day, or at the cabin in sub
stance by Flahertv, The s. of b.
he's no account, let's kill him, I'll do
it." And You replied, mo, there shall
be no such racket here tonight, I've
known the boys father many years q"
A.-No, never heard it at any time.
On Friday morning, the case was re-
sumtd, with Mr.. Leech still on the
witness stand.
To defense-I was in doubt when be
fore Ethe Commissioner whether such
talk occurred at the cabin or some
where else; did not hear it at the
saloon TO my knowledge; Donahue and
Flaherty were not at the cabin before
that evening" man came in there; l
don't remember of him speaking; 1
told him to- sit down, that l had sent
Bert after bottle of whisky and he
would be back soon; l must have
known him, but can't recollect who he
was now; my best recollection is now
that he did not sit down; thought
1t was this young man Johnson; I
thought it was Gil Johnson at the time;
think it was him, now; when l
told him about Bert going for
the liquor, he went out of the room;
l saw the pistols that morning under
the head of his bed; never have ex-
amined them; Dillon told me one was
loaded; l asked Dillon whose those
pistols were; lie said they belonged to
Bert. AID that one of them was out of
order and would not work. After the
liquor was passed around, and as soon
as Dont hue made the remark. Bert
whuled around Immediately and re-
turned with the pistols; grabbed the
pistol DUnahue had, because l did not
want any trouble; did not attempt to
get Bert's pistol because thought he
was just fooling; said to Bert, You
d. s. of b. why do you hand man
ali empty gun to defend himseif?" He
had then turned white and thought he
was in earnest; | saw him raise bis
hand and fire; it was not minute uu-
til the second shot was fred; Either
went ont and cried, "Leech, for Gods
sake
COME OUT AND SAVE ME-"
1 asked him if he was shot, then fol-
lowed him in; am not sure whether this
same man who came in before the
shooting was the same man who came
in first after the shooting.
JOSEPH RLoDGETT-Live at Mammoth
Hollow; lived prior to that at Spring
vile; had a conversation with defend
ant about three weeks ago; said he was
going to work there long enough to
make a mark against Jake Gagers, Read |
and Cusic.
The evidence was ruled out.
DR.. SIMMONS was recalled. He said |
hat ball entering the head where that |
lid, and taking the same course,
WOULD PRODUCE INSTANT EATH.
After the spasmodic move the body |
would sink right down; would not have
sat down and crossed his legs.
The prosecution here stated that they
would rest.
The defense asked to recall Mr.. Leech |
,or question.
Q.-Mr. Leech, did not Flaherty, be
ore the light went out, say, Bert. you
ire a G. d. s. of b." and go into
The next room? Al said before the
that would not swear